ORD approval by CC 1/13/04AGENDA REQUEST FORM
COY'FELL
I)~.P'I~: Planning
DATE: January 13, 2004
ITEM #: 7/G
ITEM CAPTION:
Consider approval of an Ordinance to amend the Land Use Plan of the 1996 Comprehensive Master Plan from
Light Industrial/Showroom and Public/Institutional to Freeway Commercial on approximately 114.7 acres of
property south of S.H. 121; between Business S.H. 121 and the Magnolia Park subdivision, and a zoning change
for Case No. ZC-613(CH), from LI (Light Industrial) to HC (Highway Commercial) on approximately 93.8 acres
of property located south of S.H. 121, between Business S.H. 121 and the existing 23.2 acres of Retail property
west of Magnolia Park, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P~Z M~etin~:
Decision of P~Z Commission:
N/A
N/A
APPROVED BY
CITY COUNCIL
' 'ON ABOVE DATE
Motion to Approve
Ord. # 91500-A-361
M - Suhy
S - York
Vote - 7-0
On June 19, 2003, the Planning & Zoning Commission unanimously approved these changes (7-0).
On July 8, 2003, Council unanimously approved these changes (7-0).
Staff recommends approval.
DIR. REVIEW: t~'~ -~ FIN. REVIEW:
Agenda Request Form - Revised 09/02
CM REVIEW:
Document Name: ~LUPZC613(CH) ORD I-AR(C)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~ -A' .~l
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM LI (LIGHT INDUSTRIAL)
TO HC (HIGHWAY COMMERCIAL) ON 93.8 ACRES OF PROPERTY
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND
FURTHER AMENDING, IN PART, THE LAND USE MAP OF THE
COMPREHENSIVE PLAN CHANGING THE DESIGNATION FROM
LIGHT INDUSTRIAL/SHOWROOM AND PUBLIC/INSTITUTIONAL TO
FREEWAY COMMERCIAL DESIGNATION ON THE TRACTS OF LAND
AS DESCRIBED HEREIN, AND AUTHORIZING THE DIRECTOR OF
PLANNING TO AMEND THE LAND USE MAP IN ACCORDANCE THE
EXHIBIT "B", ON APPROXIMATELY 114.7 ACRES LOCATED SOUTH
OF S.H. 121 SOUTH OF S.H 121 AND THE MAGNOLIA PARK
SUBDIVISION, ATTACHED HERETO AND INCORPORATED HEREIN
FOR ALL PURPOSES; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City
of Coppell, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by
publication and otherwise, and after holding due heatings and affording a full and fair hearing to all
property owners generally, and to all persons interested and situated in the affected area and in the
vicinity thereof, the said goveming body is of the opinion that Zoning Application No. ZC-613(CH)
should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell,
Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from LI (Light Industhal) to HC
(Highway Commercial) on approximately 93.8 acres of property being more particularly described
61613
in Exhibit "A" and further amending, in part, the Comprehensive Plan and the Land Use Map
thereof by changing the designation from Public/Institutional and Light Industrial/Showroom to
Freeway Commercial designation on the tracts of land as described herein, on approximately 114.7
acres of property being more particularly described in Exhibit "B", attached hereto and made a part
hereof for all purposes.
SECTION 2. That the property shall be used only in the manner and the purpose provided
in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as
amended herein.
SECTION 3. That the above property shall be used only in the manner and for the purpose
provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore
amended, and as amended herein.
SECTION 4. That all provisions of the Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 6. An offense committed before the effective date of this ordinance is governed
by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
2 61613
SECTION 7. That any person, finn or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 8. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charier in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the ].fl ,~day of
2004.
DOUGL~)/S N. S~i~pVER, MAYOR
ATTEST:
~,~clTY ATTORNEY
d & Revised)
LIBBf BAL~IT~Y-SECRETARY
3 61613
ZC-613(CH)
FIELD NOTE DESCRIPTION
STATE OF TEXAS
COUNTIES OF DALLAS AND DENTON
BEiNG a tract of land situated in the PETER HARMONSON SURVEY, Abstract No.
604 and the PETER HARMONSON SURVEY, Abstract No. 1794 and the CLARINDA
SQUIRES SURVEY, Abstract No. 1327 and the CLARINDA SQUIRES SURVEY,
Abstract No. 1682 in the City of Coppell, Dallas and Denton Counties, Texas, and being
a portion ora tract of land conveyed to Robert B. Payne, Jr., Children's Trust Et. Al.
being a portion of a tract of land conveyed to Andrea Lane Howsley by deed recorded in
Volume 1610, Page 482 of the Deed Records of Dallas County, Texas ( DRDCT ), and
being a portion of a tract of Iand conveyed to Richard Lee Floumoy, Mary Sue Floumoy
and Mary Sue Flouruoy trustee for Todd Richard Floumoy and Amy Lichelle Floumoy
( Floumoy Tract ) by deed recorded in Volume 1053, Page 417 ( DRDCT ) and being a
portion ora tract of land conveyed to Mary Sue Floumoy ( M. Floumoy Tract ) by deed
recorded in Volume 817, Page 335 ( DRDCT ) and being a portion ora tract of land
conveyed to Carol Ann Howsley by deed recorded in Volume 817, Page 338 ( DRDCT )
and being more particularly described as follows:
BEGINNING at a point for comer at the most northeasterly comer of said Floumoy Tract
and in the southerly right-of-way line of STATE HIGHWAY NO. 121 BYPASS (
variable ~vidth right-of-way );
THENCE departing the southerly right-of-way line of said STATE HIGHWAY NO. 121
BYPASS South 00 deg 06 min 55 sec East a distance of 2025.44 feet to a point for comer
at the most southeasterly comer of said M. Floumoy Tract and in the approximate
centerline of DENTON CREEK;
THENCE along the approximate centerline of said DENTON CREEK as follows:
North 77 deg 35 min 58 sec West a distance of 336.80 feet to a point for comer;
North 52 deg 53 min 58 sec West a distance of 526.30 feet to a point for corner;
North 34 deg 18 min 58 sec West a distance of 446.42 feet to a point for comer;
North 01 deg 25 min 28 sec West a distance of 71.53 feet to a point for comer;
North 47 deg 49 min 40 sec West a distance of 63.24 feet to a point for comer;
North 63 deg 28 min 40 sec West a distance of 113.00 feet to a point for comer;
North 81 deg 44 min 40 sec West a distance of I22.50 feet to a point for comer;
South 62 deg 40 min 20 sec West a distance of 162.00 feet to a point for comer;
EXHIBIT A- 1
Page 1 of 3
ZC-613(CH)
South 30 deg 15 min 20 sec West a distance of 193.00 feet to a point
South 33 deg 45 min 20 sec West a distance of 106.00 feet to a point
South 68 deg 49 min 20 sec West a distance of 100.00 feet to a point
South 88 deg 28 min 20 sec West a distance of 100.00 feet to a point
North 69 deg 08 min 40 sec West a distance of 108.00 feet to a point
South 89 deg 02 min 20 sec West a distance of 100.00 feet to a point
North 40 deg 00 min 40 sec West a distance of 146.00 feet to a point
North 70 deg 08 rain 40 sec West a distance of 214.00 feet to a point
North 85 deg 48 min 40 sec West a distance of 301.00 feet to a point
North 59 deg 49 rain 35 sec West a distance of 190.81 feet to a point
North 59 deg 49 min 40 sec West a distance of 137.19 feet to a point
North 59 deg 27 min 53 sec West a distance of 183.87 feet to a point
for comer;
for comer;
for comer;
for comer;
for comer;
for comer;
for comer;
for comer;
for comer;
for comer;
for comer;
for comer in
the easterly right-of-way line of STATE HIGHWAY NO. 121 ( variable width right-of-
way );
THENCE departing the approximate centerline of said DENTON CREEK and along the
easterly right-of-way line of said STATE HIGHWAY NO. 121 as follows:
North 47 deg 51 min 18 sec East a distance of 182.60 feet to a point for comer;
North 44 deg 02 min 57 sec East a distance of 128.35 feet to a point for comer;
South 89 deg 04 min 34 sec East a distance of 108.65 feet to a point for comer;
North 00 deg 59 min 37 sec West a distance of 112.05 feet to a point for comer;
North 44 deg 02 min 57 sec East a distance of 520.23 feet to a point for comer;
North 54 min 42 min 49 sec East a distance of 88.21 feet to a point for comer;
North 51 deg 18 rain 15 sec East a distance of 266.32 feet to a point for comer;
North 55 deg 23 min 50 sec East a distance of 51.20 feet to a point for comer;
EXHIBIT A- 1
Page 2 of 3
ZC-613(CH)
North 55 deg 23 min 50 sec East a distance of 129.22 feet to a point for comer;
North 62 deg 53 min 03 sec East a distance of 273.24 feet to a point for comer;
North 72 deg 42 min 25 sec East a distance of 183.04 feet to a point for comer at
the intersection of the easterly right-of-way line of said STATE HIGHWAY NO. 121 and
the southerly right-of-way line of said STATE HIGHWAY NO. 121 BYPASS;
THENCE departing the southerly right-of-way line of said STATE HIGHWAY NO. 121
and along the southerly right-of-way line of said STATE HIGHWAY NO. 12l BYPASS
as follows:
North 83 deg 57 min 51 sec East a distance of 365.42 feet to a point for comer;
South 07 deg 47 min 11 sec East a distance of 350.00 feet to a point for comer;
North 82 deg 12 min 49 sec East a distance of 88.00 feet to a point for comer;
North 07 deg 47 min 11 sec West a distance of 323.44 feet to a point for comer;
South 80 deg 59 min 31 sec East a distance of 271.35 feet to a point for comer;
South 77 deg 10 min 48 sec East a distance of 240.01 feet to a point for comer;
South 77 deg 10 rain 48 sec East a distance of 207.89 feet to a point for comer;
South 64 deg 29 min 24 sec East a distance of 182.89 feet to a point for comer;
South 69 deg 47 min 02 sec East a distance of 144.30 feet to the POINT OF
BEGINNING;
CONTAINING within these metes and bounds 93.794 acres or 4,085,678 square feet of
land, more or less.
EXHIBIT A- 1
Page 3 of 3
tdlNKELMANN ~ ASSUC.
AC.